means that the pledgee is liable for it. As for their reliance on the Prophet’s saying, may Allah bless him and grant him peace, “The pledge is not forfeited,” and their contention that this means the debt is not extinguished by its loss, this is unsound, for it is merely a claim about its interpretation. Rather, it means that the pledge does not become the pledgee’s property because the debt cannot be paid, as was the practice in pre-Islamic times. They also cite his saying, may Allah bless him and grant him peace, “The pledge belongs to the one who pledged it: its gain is his, and its loss is his to bear,” meaning that its loss and destruction fall upon him. This, however, applies specifically to cases where its destruction is evident, as established by the evidence we have already presented. It therefore affords them no proof.

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The scholars unanimously agree that the pledgee may not derive any benefit from pledged property other than animals. They differ concerning animals. Some scholars hold that if the pledge is an animal—a sheep, a cow, or otherwise—the pledgee may milk the sheep or cow and ride the donkey in proportion to the feed he provides. They cite the hadith narrated by Abū Hurayra from the Prophet, peace be upon him:

“A pledged animal may be milked and ridden in proportion to its upkeep. The one who milks and rides it must bear its upkeep.”

This is the position of Ahmad ibn Hanbal and Ishāq ibn Rāhawayh. The majority of scholars, however, hold that the pledgee may derive no benefit from pledged property, whether an animal or anything else. This is the position of Mālik and al-Shāfi‘ī. Al-Shāfi‘ī explained Abū Hurayra’s statement, “The pledged animal may be milked and ridden in return for its upkeep,” as meaning that it is the pledgor who rides and feeds it, since he, not the pledgee, owns it. He and others cite the hadith narrated by Ibn ‘Umar from the Prophet, peace be upon him:

“Let no one milk another person’s livestock without his permission.”

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If, then, we hold that the pledgee is entitled to none of the pledge’s increase or yield, does that increase or yield form part of the pledge? This requires a distinction. Increase is of two kinds: increase distinct from the pledged property and increase not distinct from it. As for increase that is not distinct from the pledged property, there is no disagreement that it forms part of the pledge. Examples include a riding animal or slave woman gaining weight, the growth of the young, and similar